Dirk wrote:In reality the caseworkers seem to have been working to these rules for a while now, they are finally spelling out what they have been doing (perhaps the Gina Miller High Court ruling did teach them something about the rule of law).
From the SS Facebook groups I have noticed that a lot of people who just copy the "SS for beginners" template ie move from the UK to Ireland and work for 91 days then apply for a FP (which isnt even needed) come back to Britain and get rejected for two reasons, COL and "circumventing national immigration rules" tucked into the Regulation 9 refusal. I repeatedly try to tell them that they should not appear to be simply following a guide from the internet but try to make a life for themselves in Ireland before a change of plans makes them move to the UK, tailor their applications to themselves and not be arrogant by using covering letters but it doesn't seem to sink in. Whether the HO is acting rightly or wrongly being blatantly obvious with them will decrease your chances and increase the chance of having to spend a grand and wait 2 years for a tribunal decision which will probably go their way but why waste all that money and time when you can get an RC in about 5 months by doing a more thorough application.
I often tell people that travelling from ROI to the UK does not need a FP, if you have trouble boarding a flight or ferry which you probably wont then go via Belfast. It seems the people who chose this route are more successful than those who apply for a FP. The HO also seems to know this which is why they are abolishing the lower tier tribunal effectively meaning you have to go straight to defacto Judicial Review and threatening the end of in country appeals to deter use of the Common Travel Area without an FP or Irish RC.
If someone's UK visa runs out and they go back to say Tunisia, apply for an Irish C visa (tourist, surely D settlement would be more convincing), then stay with their partner who does childminding for 3 months before going to the UK does not look Centre of Life was genuine and they can claim avoiding UK Immigration was the reason not a genuine desire to live in Ireland.
A couple moving from a non EEA state to one which is not so close to the UK, perhaps claiming family links or a community of people from the non EEA's home country, getting the RC, doing a language course then moving the UK at a natural point like the end of the fixed term employment countract is hard to refute even if it was all planned in advance for the purpose of avoiding the marriage visa.
The situation that you described here fits i and my Husband's situation to high degree. We arrived in Ireland in August 2016 and i gained employment October 2016 started and we have planned on applying under SS route for a FP to head back to the UK before we apply for a RC when back in the UK. Please advice as we have both lived in the UK previously and were denied a UK spouse visa previously. Would the HO see the application as a means of circumventing the UK rules and deny the FP and RC application?.You said something about going through Northern Ireland could you please elaborate>? What is the best option available for us so that we can both head back to the UK.Thanks
